With an enormous consumers’ market and as a production base, China attracts many investors coming from abroad to expand their businesses. However, this severely competitive market brings both opportunities and challenges to the investors. By virtue of registration of the trademark in China, enterprises may enjoy legal protection on their products and services in China, allowing their brands to secure sustainable footholds in China market.
Right of Priority on China Trademark Registration
- An applicant may enjoy the right of priority in accordance with any agreement entered into between the country in which he/she first files an application for trademark registration and China or any international protocol to which both countries are parties if he /she files another application for trademark registration in China within six months from the day on which he/she files the initial application for trademark registration in such country.
- The owner of a trademark may enjoy the right of priority for a period of 6 months from the first day on which the merchandises on which the trademark is first put are exhibited at any international exhibition recognized by the Chinese Government
Matters to be Considered before Filing an Application
- Is the trademark distinctive
- Does the trademark show the distinctiveness of the applicant’s goods and services
- Is the trademark a well known term in that line of business
- Is the trademark the same or similar to other trademarks
Documents Required
- A copy of Identification documents, if the applicant is an individual person
- A copy of Certificate of Incorporation, if the applicant is a corporation
- Clear image of the trademark
- List of goods or services
China Trademark Registration Procedure
- Trademark Search
- Initial Application
- Substantive Examination
- Publication
- Issuance of Certificate
Time Required
About 15-18 months
Period of Validity
The validity is 10 years, Six months before the expiration of an application for renewal, renewal is valid for 10 years.
